Budd on Civil Remedies Under the Code System: With Forms Applicable to Civil ActionsChas. W. Palm Company, 1902 - 763 sider |
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Vanlige uttrykk og setninger
admissible adverse party affidavit allowed amended amount answer appeal application appointed assessment Attorney for Plaintiff bill of exceptions California cause of action certificate Civil Procedure clerk Code of Civil commenced common law complains and alleges complaint contract copy counter claim court of equity court or judge creditor damages debt deceased decedent demurrer enforce entitled equity evidence execution executor or administrator facts filed given granted Greenleaf guardian homestead issued judge thereof judgment debtor jurisdiction jury justice's court land letters testamentary lien ment mortgage motion Name of Court notice owner payment petition Plaintiff complains plaintiff demands judgment pleading possession probate proceedings provisional remedy quiet title real estate real property record recover referee remedy rendered sheriff statement statute summons Superior Court Supreme Court sureties therein thereto tion undertaking unlawful detainer unless verdict WHEREFORE plaintiff demands witness writ writing
Populære avsnitt
Side 258 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Side 51 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Side 25 - The Supreme Court shall have appellate jurisdiction in all cases in equity, except such as arise in Justices' Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...
Side 44 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Side 42 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Side 187 - In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact.
Side 192 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Side 107 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real . estate or personal property ; which action must be in accordance with the provisions of this chapter.
Side 65 - In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part...
Side 234 - The undertaking on appeal must be in writing, and must be executed on the part of the appellant, by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal.